A legislative alert from the NRA-ILA:
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***ALERT for All Florida CCW License Holders***
Legislators Raid CCW Trust Fund – Try to Intimidate Governor
DATE: May 11, 2009
TO: USF & NRA Member and Friends
FROM: Marion P. Hammer
USF Executive Director
NRA Past President
In a last minute sneak attack on gun owners, the Florida Legislature raided the concealed weapons and firearms licensing trust fund. This not only effects resident CCW license holders, but non-resident Florida license holders as well!
They took $6 million from the Division of Licensing Concealed Weapons and Firearm Trust Fund that is intended, by law, to be used solely for administering the concealed weapons and firearms licensing program. (Read background information below)
Please Call, Fax, or Email Governor Charlie Crist IMMEDIATELY, and ask him to veto the $6 Million trust fund sweep from the Department of Agriculture & Consumer Services Division of Licensing authorized under Section 59 of the Conference Report of SB-2600.
Please send your email today!!!!!
And/or please contact the Governor’s office by phone or fax ASAP.
Phone number: (850) 488-4441 or (850) 488-7146
Fax number: (850) 487-0801
Send your email to the Governor at this address: [email protected]
BACKGROUND:
Right now, the concealed weapons and firearms licensing program is backlogged and overloaded, due in part, to the refusal of budget officials and the Legislature to allow the Division of Licensing to use its own trust fund money to hire more employees and expand/upgrade equipment.
Crates of unopened mail containing license and license renewal applications sit in storage. The backlog of mail sitting unopened, at times, has extended beyond 90 days while existing licenses are expiring because renewal applications haven’t been opened and processed.
Currently (although the Division of Licensing has been working weekend shifts to clear the backlog), it is taking 13-14 weeks to process a “perfect” application once it has been opened. That is an unequivocal violation of the law that requires issuance or denial of a license by a specific time –– a violation of law that legislative leaders are condoning by their actions.
THE LAW REQUIRES THE DIVISION OF LICENSING TO ISSUE A LICENSE WITHIN 90 DAYS OF RECEIPT OF THE APPLICATION — or deny the license “for cause”, based upon the criteria set forth in the law. Theft of operating funds by the Legislature is not “just cause” for failure to issue licenses or renewals within 90 days.
While applications sit gathering dust, legislative leaders took $6 million of approximately $8 million held in the trust fund. That $6 million is supposed to be used to pay employees, buy upgraded equipment, upgrade or replace computers or software and to otherwise administer the concealed weapons and firearms licensing program.
BUT, feigning a desperate need for funds for education and health care, legislative leaders recklessly and ruthlessly confiscated trust fund money. Why? Because they were building a so-called “working capital” fund for the 2010-12 legislative term, reported now to be in the neighborhood of $1.8 BILLION DOLLARS. This so-called “working capital fund” is for the use of future legislative leaders.
They didn’t take that money for education. They didn’t take that money for health care. They didn’t take that money to save jobs. They didn’t take that money to avoid pay cuts, or budget cuts — they took the money to help build their own fund.
While Senate leadership reportedly fought to stop the ruthless raids on trust funds, in the end, they simply caved and let the House of Representatives prevail.
The bad behavior doesn’t end there.
Obviously fearing the Governor would use his line-item veto to stop trust fund raids, proviso language was inserted in the bill in a clear attempt to intimidate the Governor.
The proviso language, states that if any portion of the moneys swept from this and other trust funds does not become law (meaning it is vetoed), that portion of the money shall be deducted from the EDUCATION BUDGET. This is clearly designed to keep the Governor from vetoing trust fund sweeps, and prevent trust fund money from being taken back out the House leadership’s so-called “working capital” fund.
Money in the concealed weapons trust fund came from gun owners. No money to administer and run the concealed weapons and firearms licensing program has ever come from general revenue, or any other state fund or revenue source. The taking of these gun owner user fees is an unauthorized tax on the exercise of the Second Amendment.
AGAIN, Please call, fax and email Governor Crist IMMEDIATELY, and ask him to veto the $6 Million raid on the Concealed Weapons & Firearms Trust Fund!
Send your email to the Governor at this address: [email protected]
Please send your email today!!!!!
You may also call the Executive Office of the Governor at: (850) 488-7146.
The Constitution of the United States is a law for rulers and people, equally in war and peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism. – U.S. Supreme Court, Caldwell v. Parker (1866), 252 U. S. 376
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Decency, security and liberty alike demand that government officials shall be subject to the rules of conduct that are commands to the citizen. In a government of laws, existence of government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, omnipresent teacher. For good or ill, it teaches the whole people by example. Crime is contagious. If the government becomes a law-breaker, it breeds contempt for the law. It invites every man to become a law unto himself. It invites anarchy. — U.S. v. Olmstead, 277 U.S. 438 (1928), Justice Brandeis, dissenting
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Experience teaches us to be most on our guard to protect liberty when the government’s purposes are beneficent. – Louis D. Brandeis
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The government consists of a gang of men exactly like you and me. They have, taking one with another, no special talent for the business of government; they have only a talent for getting and holding office. Their principal device to that end is to search out groups who pant and pine for something they can’t get and to promise to give it to them. Nine times out of ten that promise is worth nothing. The tenth time is made good by looting A to satisfy B. In other words, government is a broker in pillage, and every election is sort of an advance auction sale of stolen goods. — H. L. Mencken
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